Supreme Court of Minnesota December 11, 1908, Nos. 15,829—(119) (Omodt v. Chicago, Milwaukee & St. Paul Railway Co.)

BROWN, J.

In 1877 one Swenson -conveyed to the Southern Minnesota Railway Company a right of way one hundred feet wide across his farm, the *206result of which was to divide the land into two tracts; the larger part being upon the side of the railroad opposite his buildings. Immediately after the conveyance the company took possession of the same and constructed its track thereon.